Orr v. Orr (1978)

Docket
77-1119
Decided
1978-01-01

Summary

Question: (1) Does the Supreme Court have jurisdiction over William Orr's challenge? (2) Do Alabama's alimony statutes violate the Equal Protection Clause of the Fourteenth Amendment? Conclusion: Yes and yes. In a 6-3 opinion, the Court established its jurisdiction over the question and ruled that Alabama's statutes were unconstitutional. In writing for the majority, Justice William J. Brennan, Jr. maintained that under the Equal Protection Clause, "classifications by gender must serve important governmental objectives." The Court rejected several objectives proposed by the Alabama Court of Civil Appeals, holding that gender was not an "accurate proxy" for financial need. Justices Harry A. Blackmun and John Paul Stevens each wrote concurring opinions.

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